In November 1995, Michael and Gina Breton visited Acacia Apartments in northwest Phoenix. When they met with the complexs resident manager during their apartment search, the manager told them that the complexs owner and off-site manager did not want to lease apartments to families with children.
Testing uncovers no kids policy at complex
The Bretons filed a complaint with the Arizona Fair Housing Center shortly after their visit to the complex. The Fair Housing Center sent testers to Acacia Apartments who confirmed that the complexs owners and managers had a no children policy in violation of the federal Fair Housing Act.
The Bretons, along with the Arizona Fair Housing Center, filed a federal lawsuit in US District Court in February 1996. According to Henry Cabriac, the executive director of the Arizona Fair Housing Center, this case was significant to his organization because it was the first time the Fair Housing Center had sought frustration of mission and loss of resources damages as a plaintiff in a lawsuit.
The damages awarded to the Fair Housing Center were on target with the economic loss testimony provided by Cabriac in a sworn deposition.